Malema’s co-accused acquitted

JOHANNESBURG. — Three of the Economic Freedom Fighters (EFF) leader Julius Malema’s business associates have been acquitted on corruption charges in the Mokopane Regional Court, The Star reported yesterday. “The court dismissed the case on the basis that the evidence presented by the State could not sustain the charges,” said defence lawyer Isaac Raphele, for the accused.

“Therefore there was nothing for the accused to answer to. We told their witnesses in court that they were hired guns, not professional witnesses.”
The State alleged that Malema and his co-accused misrepresented themselves to the Limpopo roads and transport department, leading to a R52 million contract being awarded to On-Point Engineering.

Selbie Manthata, his wife Helen Moreroa and his brother Makgetsi Manthatha were acquitted on Wednesday.
They were arrested and charged together with Malema in September 2012.

Malema, On-Point directors Kagisho Dichabe, Lesiba Gwangwa, and the Manthata family were charged with corruption, fraud, money-laundering, and racketeering. It was unclear if the charges against Dichabe and Gwangwa still existed.

It was alleged in court papers that Malema had business ties with Gwangwa, and that Malema’s Ratanang Family Trust was an indirect shareholder in On-Point.

The State alleged that Malema substantially benefited from the tender payment to On-Point, using it to buy a farm and a Mercedes-Benz.
Malema told the newspaper that in light of the acquittal of his associates, the charges against him should be dropped.

Meanwhile, the National Prosecuting Authority yesterday clarified the charges against EFF leader and the “discharge” of charges against his alleged business associates.

“It is correct that at some point they were all charged together, but the NPA re-evaluated evidence and we decided that it was going to be misjoined to have all these people charged together,” said NPA spokesperson Nathi Mncube.

“The accused who were discharged from the charges yesterday (Wednesday) faced corruption charges.
“Malema and another two face racketeering and 52 other counts, including fraud. So we separated the trials.”

“The court dismissed the case on the basis that the evidence presented by the State could not sustain the charges,” defence lawyer Isaac Raphele, for the accused, was quoted as saying.

“Therefore there was nothing for the accused to answer to.”
Mncube said this statement was wrong, as the charges were not dismissed but discharged.

“It is not an acquittal or a dismissal of charges.
“It was a discharge of charges.

“Discharge means that they cannot be recharged again.
“If it was a withdrawal, dismissal or acquittal of charges, they can be charged again.”

Mncube said the charges against Malema, Gwangwa and Dichabe remained and they were due to appear in court in September.
Malema told the newspaper the charges against him should be dropped in light of the Wednesday’s court ruling. — Sapa.